When Two Procedures Exist Under Standing Orders, Management May Select Either Unless Mala Fide Proven: Allahabad HC

Allahabad High Court: A single judge bench of justice Brijraj Singh dismissed a writ petition, holding that Hindustan Aeronautics Limited (HAL) properly followed their Standing Orders by striking off the employee's name following his unauthorised absence. The court found that the employee was given adequate opportunity through show cause notices, and that the petition suffered...

Death Gratuity Of Deceased Employee Can Be Attached In Execution Proceedings Against Legal Heirs As It Forms Part Of Estate: Delhi HC

Delhi High Court: A single judge bench of Justice Ravinder Dudeja held that the gratuity that remains unreleased at the time of an employee's death, becomes part of his estate. The court confirmed that this can also be attached against decrees passed against their legal heirs. The court clarified that Section 60(g) of the Civil Procedure Code, 1908, only protects gratuity if it is...

Punishment Of Censure, Claim For Promotion During Disciplinary Proceedings Rightly Rejected : Calcutta Hc

A Division bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty & Justice Reetobroto Kumar Mitra held that employee against whom disciplinary proceedings were pending at time of recommendation for promotion can be granted promotion only prospectively after the conclusion of proceedings. Background Facts A disciplinary proceeding was initiated by...

Can't File Miscellaneous Application To Seek Interest On Gratuity After Disposal Of Writ Petition: Allahabad HC

Allahabad High Court: A single judge bench of Justice Prakash Singh dismissed an application seeking interest on delayed gratuity, filed by a retired office assistant. The court held that once a writ petition is finally decided, a miscellaneous application seeking substantive reliefs like interest, is not maintainable. The court explained that gratuity and pension are statutory rights...

Departmental Proceedings After Compulsory Retirement, Since Not Under Rule 9, CCS (Pension) Rules, Can't Continue : Calcutta HC

Calcutta High Court: A division bench consisting of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra dismissed two cross appeals. Both appeals arose out of a single judge order that directed the release of retirement benefits to a former RPF officer. The court explained that proceedings initiated under Rule 153 of the Railway Protection Force (RPF) Rules, 1987, cannot continue...

BSF Constable Losing Left Eye In Militant Encounter; Delhi High Court Rejects Union's Opposition , Grants Lump Sum Compensation

Delhi High Court: A Division Bench consisting of Justices Navin Chawla and Shalinder Kaur allowed a writ petition filed by a retired BSF officer. The court directed the Union of India to provide lump sum compensation to the retired BSF officer, for a disability that he suffered in the line of duty. The Court held that he was entitled to compensation under Rule 9(3) of the Central...

CAPFs Entitled To All Benefits Of Organised Group-A Services, Gradually Reduce Deputation Of IPS Officers To CAPFs : Supreme Court

The Supreme Court held the Central Armed Police Forces (CAPFs) must be treated as part of Organised Group-A Services (OGAS) not only for the purpose of granting Non-Functional Financial Upgradation (NFFU) but also for all cadre-related matters, including cadre review.“Now that the Central Government has accepted that CAPFs are included in OGAS, the natural consequences should follow....

Rights Already Accrued Cannot Be Taken Away Through Subsequent Amendments Having No Retrospective Effect: MP HC

Madhya Pradesh High Court: A single judge bench of Justice Sanjay Dwivedi held that the Academic Grade Pay (AGP) benefits once granted, cannot be taken away by subsequent amendments that only have prospective effect. The court explained that the new AICTE (All India Council for Technical Education) Regulation, 2016, cannot be used to withdraw AGP benefits granted under the AICTE...

Education Department's 2013 Resolution Binding; Retrenchment Period Must Be Counted For Pension Calculation: Patna HC

Patna High Court: A single judge bench consisting of Justice Harish Kumar held that for a former Adult Education Project Employee who was later absorbed into the Integrated Child Development Services (ICDS), retrenchment periods must be counted for pension calculation. Relying on a 2013 Resolution of the Education Department, the court held that retrenchment period must be counted on...

Punishment Of Compulsory Retirement For Repeated Disobedience And Non-Adherence To Orders, Justifiable; Himachal Pradesh High Court

Himachal Pradesh High Court upheld the order of compulsory retirement of a professor at a government university, stating that repeated disobedience of orders from superiors can't be taken lightly, as it promotes indiscipline and disorder.Justice Satyen Vaidya: “The repeated insubordination by the non-adherence to the orders of superiors, cannot be brushed aside lightly for it will...

Shortfall In Pensionable Service Caused By State's Delay In Absorption Can't Defeat Pension Claim : Calcutta High Court

A division bench of the Calcutta High Court comprising of Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the delay by the State in absorbing an employee cannot be used to deny pension benefits if such delay alone causes shortfall in qualifying service. Background Facts The petitioner was appointed in the Calcutta Homeopathic Medical College and Hospital on...

Policy Changes Before Appointment Can't Be Challenged As No Vested Right Exists Prior To Issuance Of Appointment Letter : Jharkhand HC

A Division bench of the Jharkhand High Court comprising of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava held that a candidate cannot challenge a policy change made prior to the appointment as no vested or accrued right arises from an advertised pay scale unless an appointment letter is issued. Background Facts The Jharkhand Staff Selection Commission...